LAWS(HPH)-2023-7-48

GAURAV SHARMA Vs. STATE OF HIMACHAL PRADESH

Decided On July 21, 2023
GAURAV SHARMA Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) By way of instant petition filed under Art. 226 of Constitution of India, petitioner has prayed for following main reliefs:

(2.) Precisely, the facts of the case, as emerge from the record, are that the respondent No.2 issued a notice dtd. 30/6/2023 (Annexure P-2) declaring the schedule of elections to The Kailash District Cooperative Marketing and Consumer Federation Limited. Petitioner also filed his nomination for the post of Director (Annexure P-4). Since nomination of petitioner came to be rejected on the ground that his seconder/proposer himself is a candidate for the post of Director, petitioner has approached this court in the instant proceedings, praying therein for the reliefs, as have been reproduced hereinabove.

(3.) Having taken note of fact that as per election schedule, symbols are to be allotted on 20/7/2023, this court, instead of directing respondents to file reply, called upon learned Additional Advocate General to have instructions to the effect, "whether there is any bar under the relevant Rules for a candidate to be a proposer/seconder of another candidate?"